Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Mere allegation of non-communication by counsel cannot be a sufficient ground to invoke S.5 of Limitation Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Negligence, inaction or lack of diligence on the part of counsel is not a sufficient cause for condonation of inordinate delay...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Limitation Act, 1963, Section 5, 0, Condonation of delay -- Petition for condonation of delay not objected by other side - Period of 26 days of delay is very minimum - Application allowed...........
Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2298 days in filing special leave petition - Accused never approached for filing special leave petition and she was not willing to file the same before Supreme Court - Special leave petition has been filed merely in view of directions of National Legal Services Authority to provide free legal aid to needy..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Subject matter of suit is continuing infringement to intellectual property - In actions alleging continuing infringement of intellectual property rights, urgency must be assessed in the context of ongoing injury..........
